The sanction and techniques, as well as the notion of punishment necessary, rely on the historical happend and generate discourses that respond to the state model adopted for each community, which shows that the need for punishment as a limit on punitive power becomes more relevance in state models in which human dignity is the most relevant, based on recognition of the Rights of Man; well, this text aims to evaluate the criminal dogma on the subject in order to elucidate the concept of the legally had the charge applied in Colombia as a social and democratic state of law, founded on respect for human dignity, the prevalence the general interest and work under the 1991 Constitution.